Export control

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The Export Control is an internationally gehandhabtes legal instrument which focuses on security policy, cross-border exchange of goods and services. Among other things, it serves to prevent the proliferation of weapons of mass destruction . The export control can impose legal restrictions on the foreign trade of a country or an economic area in order to u. a.

  • to ensure the consideration of essential security interests of the respective country / economic area or
  • to prevent a disturbance of the peaceful coexistence of peoples.

Modern export controls have two basic objectives:

  • preventing the proliferation of weapons of mass destruction (nonproliferation) and
  • the prevention of the uncontrolled spread of conventional armaments.

In addition, export controls are also used to prevent terrorism (economic isolation).

International requirements

International requirements for national export controls result from multilateral agreements that originate from the work of appropriate committees and working groups. Four so-called export control regimes were set up with the aim of harmonizing and thus more efficient export control policies:

Multilateral export control regimes
regime founding year Task, goal Remarks
Nuclear Suppliers Group (NSG) 1975 Preventing the proliferation of nuclear materials, equipment and technology 48 member states; Founded following the detonation of the Indian atomic bomb in 1974
Australian Group (AG) 1985 Control of preliminary products, agents and systems that are relevant for the production of chemical and biological weapons 41 member states
Missile Technology Control Regime (MTCR) 1987 Preventing the proliferation of goods for the manufacture of delivery systems for weapons of mass destruction 35 member states
Wassenaar Arrangement (WA) 1996 Export control of conventional armaments and dual-use goods 42 member states

The results of the work of these export control regimes represent politically binding obligations of the participating states. The goods and technologies to be controlled are recorded in so-called goods lists.

National requirements

Since export controls restrict the freedom of foreign trade, which is a legal principle in Section 1 (1) of the Foreign Trade Act in Germany, in certain areas, it requires a legal basis.

Europe

Important European legal regulations for export control are the embargo regulations , the dual use regulation and the so-called EU anti-terrorism regulations .

Germany

In Germany, the Foreign Trade Act (AWG) in conjunction with the Foreign Trade Ordinance (AWV) and the War Weapons Control Act (KrWaffKontrG) essentially regulate the legal aspects of export control. The German legislation is partially supplemented or superimposed by the European regulations. The competent authority for export control in Germany is the Federal Office of Economics and Export Control (BAFA) in Eschborn .

Austria

The main legal basis of the Austrian export control is the Foreign Trade Act 2011 (Foreign Trade Act 2011), the First Foreign Trade Regulation 2011 (1st Foreign Trade Regulation 2011) and the Second Foreign Trade Regulation 2019 (2nd Foreign Trade Regulation 2019). However, in Austrian legislation for armaments that are war material, there is a legal norm that is separate from the Foreign Trade Act, the War Material Act. The granting of export licenses for applications under the Austrian Foreign Trade Act 2011 is the responsibility of the Federal Ministry for Digitization and Business Location (BMDW). In the case of applications under the War Material Act, approval is granted by the Federal Ministry of the Interior (BMI) in agreement with the Federal Ministry for European and International Affairs and after hearing the Federal Ministry for National Defense (BMLV).

Switzerland

The Goods Control Act (GKG) governs in Switzerland exports of dual-use goods and the armaments that are not already controlled by the War Material Act (KMG). With the GKG, decisions of international agreements (e.g. chemical weapons convention ) and non-binding international control measures (of the international export control regimes (see table above)) are implemented. The State Secretariat for Economic Affairs SECO is responsible for Swiss export controls .

Great Britain

In Great Britain , the Export Control Act 2002, which came into force on May 1, 2004, forms the legal basis for export control. The competent authority is the Department for Business, Innovation and Skills (BIS) ⇒ Export Control Organization (ECO).

America

United States

In the United States of America, the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) regulate export controls. Different authorities are responsible for the individual regulations:

The EAR govern the export and re-export of US goods (i.e., goods and activities that originate in the US). US goods are subject to the EAR regardless of their location. The EAR regulates the (re-) export of both so-called dual-use goods and purely commercial goods, without any military significance. Which goods are dual-use goods can be researched in the 10 categories of the "Commerce Control List" (CCL). For the export of US goods listed in the CCL or for goods made from US goods (listed in the CCL) with a proportion of not less than 25% (for "states suspected of supporting of terrorist activities "are 10%), a US export permit must be applied for from BIS. The share is calculated from the price (ex-works price, excluding taxes), not from the composition or the end product. The same applies to goods manufactured with US technology and software. Goods that are listed in the CCL are identified there by an alphanumeric number (Export Control Classification Number (ECCN)). These goods can be described as "goods controlled by US (re-) export law".
Goods that are not listed are classified across the board with the ECCN EAR99. An overview of US import control law can be found here .

See also

literature

  • Handbook of German Export Control (HADDEX) , Volumes 1–4. BAFA.
  • Christoph Schaefer: The national competence for export control according to Art. 133 EG, 2009 . Diss., 2008, ISBN 978-3-8329-3826-0
  • Tanja Kistner: Offenses in the Foreign Trade Act: Systematics, legal interests and interpretation of Section 34 (2) AWG . Diss., 2008, ISBN 978-3-930670-65-9
  • Bernhard Herkert: Delivering EAR 99 goods to Iran . In: Außenwirtschaftliche Praxis , 14 (3), 2008, pp. 110–115, ISSN  0947-3017
  • Harald Hohmann: The importance of new EC legal texts for export controls . In: Außenwirtschaftliche Praxis 16 (1), 2010, pp. 21–24, ISSN  0947-3017

Web links

Individual evidence

  1. ^ Nils Weith, Christof Wegner, Wolfgang Ehrlich: Basics of export control . Bundesanzeiger Verlag, Cologne 2006, ISBN 3-89817-420-4 , pp. 23 .
  2. ^ Nils Weith, Christof Wegner, Wolfgang Ehrlich: Basics of export control . Bundesanzeiger Verlag, Cologne 2006, ISBN 3-89817-420-4 , pp. 48 ff .
  3. ^ Super User: Nuclear Suppliers Group - Participants. Retrieved October 9, 2018 (UK English).
  4. ^ The Australian Group. Retrieved October 9, 2018 .
  5. ^ MTCR Partners . In: MTCR . March 11, 2016 ( mtcr.info [accessed October 9, 2018]).
  6. ↑ About us - The Wassenaar Arrangement . In: The Wassenaar Arrangement . ( wassenaar.org [accessed October 9, 2018]).
  7. ^ RIS - Foreign Trade Act 2011 § 0 - Federal law consolidated. Retrieved December 9, 2019 .
  8. ^ RIS - First Foreign Trade Ordinance 2011 § 0 - Federal law consolidated. Retrieved December 8, 2019 .
  9. ↑ RIS - Second Foreign Trade Ordinance 2019 - Consolidated Federal Law, version dated January 14, 2020. Retrieved January 14, 2020 .
  10. ^ Bernhard Herkert: Export control legislation in Great Britain . In: Foreign economic practice . tape 11 (1) , 2005, ISSN  0947-3017 , p. 19-23 .
  11. ↑ Export Control Act 2002 ( English ) Crown. Retrieved April 2, 2019.
  12. ↑ Achim Albrecht: The US import control law at a glance . In: US export regulations . tape 15 (6 + 7) , 2009, ISSN  1611-4000 , p. 86-104 .